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Us 16, Idaho 16, San Diego 10, Martha 8, California 8, U.s. 7, Angie 6, Scientology 5, Britta 4, Cnn 4, Colorado 4, Hannah 4, James Dimaggio 4, Boston 4, Hannah Anderson 3, Phil Mickelson 3, Michelle 3, Fbi 3, Fredricka 3, Fred 3,
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  CNN    CNN Newsroom    News/Business. Latest on the day's top news stories  
   with a focus on global news, trends and destinations. New.  

    August 10, 2013
    8:00 - 10:01am PDT  

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for a behind the scenes look at golf's final major of the year. cnn "newsroom" is next. hello and welcome to the cnn "newsroom." a look at the top stories we're following this hour. new developments on the story of the two missing california children. the second body found at a burned out house has been identified as 8-year-old ethan anderson. his sister is still believed to be with the alleged kidnapper, possibly in idaho. also, destructive flash floods are wreaking havoc in parts of the u.s. and another person is dead after being washed away by the rapid waters. also, san diego mayor bob filner has checked out of therapy early. he has been facing a growing tide of sexual harassment allegations, so what's next for him? all that straight ahead.
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we begin with some major developments in the search for two missing children. a second body found in a burned out california home has been identified as ethan anderson. the 8-year-old and his sister, hannah, have been missing for a week now. a multistate amber alert now includes idaho after the suspect, james dimaggio, and the teen were spotted there. now, a friend says dimaggio had a crush on hannah. >> we were driving home, and he just said that he had a crush on her, and we both kind of just didn't really look at each other or want to make a big deal about it. he said don't think i'm weird or creepy uncle jim. i just want you to know that if you were my age, i'd date you. >> our paul vercammen is live for us from san diego. paul, tell us more about this
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suspect, allegedly seen in idaho, and what's going on with the search now? >> reporter: well, right now, fredricka, a massive search involving more than 100 law enforcement officers, including some here from san diego, at least five detectives, including a bomb squad expert. that's important because there had always been a fear that dimaggio might have booby trapped his car. as for this search, it's in a remote wilderness area. a man on horseback had seen a couple that fit the description of dimaggio and hannah, that was last wednesday. so certainly they've had a lot of time to move away from the area in which he saw them. they said it was about six to eight miles away from a trail head far into the backcountry, inaccessible by car obviously, so these agents will have to be on foot, on horseback, and using a helicopter as well, fredricka. >> so, paul, were authorities able to give up any more information even past that press conference? were they able to say whether
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dimaggio and hannah, if, indeed, those two were the ones that the horseback rider saw in idaho, were they on foot? what were they doing when seen by these eyewitnesses? >> reporter: according to the witness, they were carrying light backpacks. they also said that the one witness at first didn't think anything of this and later went home and saw media reports and decided this was probably them and he did say that he thought there was something odd. now, on the surface, they said they don't believe that hannah was being held against her will, but, you know, detectives are holding their cards very close to the vest, not showing a lot of them. we want to say hannah's grandparents and other relatives are adamant. they say no way would she willingly have gone with dimaggio. >> and then meantime, paul, let's talk about the identity, the positive i.d. now of the body found in that burned out home is indeed that of her brother, ethan?
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>> reporter: yes. authorities coming out last night and confirming that a dna sample proved that that was the body of 8-year-old ethan. of course, his mother also killed in that home, that burning home in san diego. so what would seem to logically follow when they get the opportunity is they will add a second homicide charge to be leveled at mr. dimaggio and, of course, arson and other charges possibly on the horizon for him. >> paul vercammen, thanks so much from san diego. keep us posted on this ongoing search. all right. other parts of the country now facing more heavy rain and flooding today. wow. incredible images there. cars flowing down stream in colorado after torrential rain triggered flooding. a flash flood watch is in effect for the colorado springs area today. outside oklahoma city floodwaters killed a man who tried to rescue his daughter when her car got stranded in
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rushing water. that's one of several deaths blamed on flooding across the country. in southern missouri more than ten inches of rain have flooded that part of the state. searchers still looking for a man swept away near springfield. and then to arkansas now. more news of flooding. the flooding there has revealed a real problem for a nursing home. the state says residents of the blossom hill assisted living center in johnson county can no longer live there because of the flood damage. they had to be evacuated there. the irony is now california desperately needs some of that rain, but tinder dry conditions are fueling this huge wildfire in southern california. two fires have actually merged into one giant blaze. it has burned more than 25 square miles already and there's no help in the forecast. it calls for no rain and winds could gust up to 25 miles per hour. all right. unfortunately, the weather pattern calls for much of the same, more flooding in places
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that really don't need it and more dry weather in california which desperately needs the rain. meteorologist jennifer delgado joins us now from the cnn weather center. real extremes here. >> absolutely, fredricka. i have the radar loop showing the heavy rainfall as it moves through the colorado region. now, what we saw there was incredible flash flooding, but we also saw mud slides, a thnd was a result of, of course, the heavy rainfall. but we're really only talking about 1.5 inches of rainfall. so you're probably wondering how did this cause so much devastation across the region? as you take you over to our graphic, well, this area was actually part of a fire from last year, and the region where we saw this flooding happen, this was a burn scar. when all that water came down through the mountains, it channeled it, and it just funneled it all towards the areas, including the south, and it pushed all those cars away. as i said to you, this image here helps you visualize and see where that burn scar is. what you're seeing in red is the vegetation. when you have the fires and the
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rain comes down, it doesn't have anything to grip onto. that's what led to the flash flooding and the mud slides. the midwest, it's a little different story there. yes, we're talking still heavy rainfall. it's been training across the region. even in parts of tennessee we have seen one to three inches of rainfall in the last few hours, and that's why we're seeing these new flash flood warnings in place for parts of tennessee now, because they're getting pounded with the heavy rainfall. so more scenes like what we've been seeing out of missouri, as well as into arkansas, because we have picked up more than 15 inches of rainfall in the last five days. has nowhere to go. and more of that is on the way. one to three inches across parts of arkansas. and for regions, including parts of virginia, two to four inches of rainfall and this is what's going to be happen today as well as tomorrow. flash flooding will be a great big problem across this region. >> oh, my. keep us posted and the folks there posted as well. >> absolutely. >> thanks so much for the warnings. as privacy criticings deman crackdown on surveillance
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programs, president obama promises to be more open about what they do. it's a move to restore the publ public's confidence. in a news conference, the president promised yesterday more transparency to reassure people the tracking of phone and internet data was not leading to abuses. >> what makes us different from other countries is not simply our ability to secure our nation, it's the way we do it. with open debate and democratic process. in other words, it's not enough for me as president to have confidence in these programs. the american people need to have confidence in them as well. >> president obama also released an nsa document stating that the systems monitor 1.6% of all internet traffic, but analysts review far less than that. just .00004% of globalon line traffic. in less than an hour the
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president will speak at the disabled american veterans convention. 4,000 guests are expected. let's bring in dan lothian. right now you're on martha's vineyard because that's where the president will eventually end up after his speech. dan, what will the president's message be in florida? >> reporter: well, you know, as you know, not only the president but the first lady for years now have spent a lot of time talking about making life better for troops returning from serving in iraq or afghanistan, helping them with health care, helping them get job training so that they can build a new career here after returning home, and so the president will sort of expand on that today i'm told by senior administration officials, that the president will also make a new announcement about mental health research addressing issues such as ptsd and also suicide. as you know, this has been a major problem not only among troops currently serving overseas, but all the veterans who have returned from overseas. the president will be making a new announcement on that and
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also talk a little bit about how they can expand or help troops on college campuses so they can stay in classes, get the kind of training that they need so that they can get good jobs here at home. so those are some of the issues that the president will be talking about, again expanding on this overall vision that the president and the first lady have for troops who have given so much to the country, time to take care of them now that they've returned home. >> and, dan, you know, martha's vineyard has become the family getaway for the obama family. what has -- what kind of, i guess, welcome is planned for them? what are the locals saying this time around? >> reporter: well, you're right. this will be the fourth time that the president and the first family will visit martha's vineyard as president. typically the folks here are very welcoming. this time there's a little dust up over a main road that will be running by the property where the president is staying. typically he stays far away off the beaten path.
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this time a little closer to civilization. there's a road called south road, a portion of that road will be shut down, and so there are concerns that this is just going to add to the headache of traffic. this is one of the busiest times during the summer here on martha's vineyard, so there's concern about the traffic nightmare and also some anecdotal stories about what kind of impact this could have on local businesses. so i think in general people are very welcoming here, but still some concerns about the kind of traffic nightmare that might result from the president's visit. >> this is one of the busiest time for martha's vineyard as many people are wrapping up their summers by enjoying kind of a last respite there in martha's vineyard. and you do the same. enjoy your time there, dan. i know you will be working, but enjoy it, too. thanks, dan lothian in martha's vineyard. authorities have broadened the search for this young lady, a 16-year-old girl, and the man they say kidnapped her and killed her mother and brother. so what kind of person does
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something like that? an expert profiler joining us next. and a dramatic child custody battle involving singer usher ends with a hug. we'll tell you who won this round.
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authorities have broadened ends with a hug.
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as we've been reporting, the search for kidnapping and murder suspect james dimaggio has moved to idaho to the wilderness backcountry. horseback riders say they saw a man and a girl fitting the description of him and the 16-year-old girl hannah that he's accused of abducting. they were spotted in a remote area of idaho called the river of no return. and police have found dimaggio's car nearby outside cascade, idaho. jim clemente is a retired fbi profiler and former prosecutor and technical adviser on the hit tv series "criminal minds." he's joining us from los angeles. good to see you, jim. dimaggio has been described as being so close to the family that he was considered to be part of it, and now we're hearing that he may have been infatuated by the girl. a friend of the young girl says
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so herself. so how disturbing is this to you and, you know, the potential danger that hannah may be in? >> well, i think what we have here is a situation where dimaggio has developed in his mind a fantasy relationship with hannah, and this is a very unhealthy, exploitive relationship in his mind. from her perspective, she probably had a very healthy, normal, friend of the family relationship with him, and that was sort of broken a little bit recently when he started expressing to her that he had a crush on her and he'd like to date her if he was the same age as her. this kind of creeped her out a little bit but she didn't say anything to her parents because she didn't want to sort of hurt their relationship with him. unfortunately, i think at this point since he's apparently been described as depressed, he's very obsessed with her based on what he was -- the lengths he was able to go to to actually get access to her, and the fact that he's violent, that's a very dangerous mix.
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he's probably very desperate now or will be when confronted. and, unfortunately, that's a difficult situation for the girl to be in. >> and it seems like a very difficult situation for a number of reasons. we're talking about a family friend, so she's not with a stranger. she knows him. even though she apparently said to a friend that she thought he had a crush on her. but that they're in the wilderness, perhaps even cut off from any kind of television coverage. you know, maybe she doesn't even know in your view what may have happened to her mother or even brother? >> you know, it's possible that she doesn't know or what we could be seeing, actually what this witness has been talking about, she might be in survival mode, and that may be she's doing whatever she has to do to make sure she survives, that she gets through this. it's the smartest thing for her to do. it's the way that victims in this situation actually survive. we saw a perfect example of it in cleveland. >> so if in survival mode, then
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it's not out of the ordinary or unusual that the horseback riders would say it didn't appear as though she was in duress. what would be the expectation anyway that, you know, that she would let them know that she is with someone or that she fears? i mean, would anyone -- do authorities expect she would try to create some kind of attention to let a stranger know she's with this person? >> she might do that. she might do that. apparently she did not in this case. she wouldn't know necessarily that that person would be able to save her. she probably feels like she's completely controlled by dimaggio and she's doing whatever she has to do to comply. the outward compliance will perpetuate the situation, the fantasy in his mind, and he won't have to strike out at her and he won't hopefully turn suicidal. >> jim clemente, thank you so much for your input. everyone is hoping for the best possible outcome here. >> thank you.
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from teen star to troubled adult. amanda bynes may finally get the help that she needs. a judge gives her parents control of her life. coming up, an attorney explains what may be ahead for this actress.
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in atlanta a judge has denied a motion from usher's ex-wife to get temporary custody of their children. a few days after their son nearly drowned in the singer's swimming pool. tameka foster raymond broke down on the stand yesterday as she testified about it.
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>> i don't know if my son is going to have a brain defect. i don't know if his heart is operating correctly. i don't know that my son is going to be 100% the boy he was before this incident. >> i know this is very difficult but please -- >> ridiculous. it's ridiculous. >> she was apparently so upset that she had to step down. usher also testified, and he shed some light on exactly what happened when he rushed home after his son had been pulled from the pool and given cpr. >> when i arrived, my son was hysterical and in the back of an ambulance. i knew there had been an incident in the pool but i didn't have clarity of exactly what took place. when i got in the back of the ambulance, he was hysterical. he didn't want to go to the
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hospital. he was very irate, and i did my best to calm him down. >> when the hearing ended, usher walked over and gave his ex-wife a hug, as you see right there. onto another celebrity in turmoil. a judge has said amanda bynes will have to stay at a mental health facility for now. she has been there since she was arrested last month after setting a fire in her neighbor's driveway. at a hearing yesterday, the judge also granted bynes' mother temporary conservatorshiconserv. they said it was necessary because she's struggling with emotional issues and substance abuse. darren is joining me now. what did the judge have to decide to grand bynes' mother in conservatorship? >> essentially that she's unable to manage her own affairs because of either a mental or physical problem, because of
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being grossly disabled, and in this case obviously to say that amanda has lacked stability and good judgment in her affairs is a gross understatement. she was initially taken in under what's called a 5150 hold, which allows her to be held for 72 hours. that was extended. now that we get into the conservatorship proceedings, this is a longer term opportunity for what's usually family members or other concerned parties to be able to step in to make decisions on behalf of the individual, the conservetee with respect to their medical treatment and their financial affairs. what the judge did is gave mom this temporary conservatorship that's going to last until the end of september. at least through that point we know that mom's going to be able to exercise control over both medical decisions, where ahmman is going to be, and also to mind her financial business. >> so why temporary?
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what has to be established that this adult, she's no longer a minor, needs this kind of assistance from a parent? >> right. well, it's exactly grounded in these notions that she is an adult, and courts are loath or reluctant to take away somebody's rights to manage their own affairs even when their behavior may bother us or offend us or be different than what we expect it should be. so the courts are only going to extend that temporary conservatorship to make it permanent if there is some indication that it's going to be a long-lasting situation. and even if the court does grant a conservatorship, if circumstances change, if amanda regains the ability to manage her own affairs competently, then she can go back into court and have that terminated. >> or if it goes the other way it can be extended? >> yeah. indefinitely. and we've seen that happen in some other very famous cases, probably most notably with britney spears who once she had that conservatorship in place
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really did a tremendous about-face and as much as we love to see celebrities fall, we also love a great comeback story. hopefully amanda is going to have the opportunity now to be one of those. >> okay. well, let's hope for the best. i mean, nothing is more i guess humiliating than when something like this is happening and it has to be very public. darren, thank you very much. appreciate it. >> you bet. >> i'm nick valencia in the cnn "newsroom." it's the story that keeps getting stranger. san diego mayor bob filner leaves behavior rehab one week early. why? we'll tell you after the break. thanks. many were stunned this week when they heard president george w. bush needed a stent inserted to clear a blockage near his heart. in this week's "american journey" report, tom foreman shows us how this incident could be a wake-up call for others who think they are not at risk for
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heart disease. >> reporter: in office and out, george w. bush has been regarded by many as the most fit president ever, mountain biking, running, swimming, golfing, weightlifting, and laboring on his ranch. his annual physicals while in office found him in excellent health with no history of hypertension or diabetes and low to very low coronary artery disease risk. so when physicians found a heart blockage and inserted a stent to reopen an artery, some people may have been stunned, but not dr. barron lerner. >> people shouldn't assume just because they exercise a lot that they don't have a heart problem. >> reporter: he wrote a book called "when illness goes public." he says when famous people face illness, this is the good that almost always follows, public awareness and action rise sharply. when betty ford disclosed she
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had breast cancer, the number of women seeking screenings rose. when katie couric's husband died of colon cancer, screenings for that disease rose too. >> i think the best thing that comes out of this is somebody reads about this and then they pursue it more. >> reporter: over the past half century, each president has maintained some sort of physical fitness during and after his term. nixon bowled, ford golfed, carter jogged, reagan rode horses, clinton ran, too. obama plays basketball. and the first president bush even jumped out of an airplane. each one a living reminder of how much watching your health matters whether you're famous or not. tom foreman, cnn, washington. you really couldn't have come at a better time.
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vo:remember to changew that oil is the it on schedule toy car. keep your car healthy. show your car a little love with an oil change starting at $19.95. bottom of the hour now. welcome back. i'm fredricka whitfield. five things crossing the news desk right now you need to know. number one, we start in california where the second body in the burned out home of fugitive james dimaggio has been identified as 8-year-old ethan anderson. an amber alert has been out for him and his 16-year-old sister, hannah, for a week now. police believe dimaggio kidnapped hannah. they were last seen, dimaggio and hannah, together in idaho. number two, the state department is reopening 18 of 19 u.s. diplomatic offices closed
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because of that terror threat. yemen's american embassy is staying shut because of concerns over a possible attack. a week ago the u.s. closed the embassies and consulates throughout it's middle east and north africa after learning a top al qaeda leader was heard telling an operative to, quote, do something. now to east haven, connecticut, where a small plane crashed into two houses. at least four people have died. the pilot, a former microsoft exec and his son, were believed to be on board, and two children, ages 1 and 13, are feared dead inside one of the houses. number four top story, a kentucky teen accused of helping his dad beat his stepbrother to death has been found not guilty. a jury deliberated for eight hours friday before reaching a verdict in the case of 17-year-old joshua young. young also was found not guilty of tampering with evidence. young's father blepleaded guilto
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murder and was sentenced to life in prison. and number five, oprah winfrey says she was a victim of racism. the billionaire told "entertainment tonight" that she was in a swiss handbag shop when the clerk refused to show her a crocodile skin purse saying it was too expensive for her. but the store manager insists it was a misunderstanding, explaining the clerk wanted to show winfrey the same make of a purse in a cheaper version. the tom ford designed purse cost $38,000. oprah will take to us about her experience in the 1:00 eastern hour. we'll also hear why she thinks her new movie "the butler" breaks new ground portraying an african-american family. san diego's embattled mayor is apparently leaving his voluntary behavioral therapy a bit early. mayor bob filner is facing a growing number of sexual harassment allegations. nick valencia joining us now with more on this. so it was supposed to be two weeks, but he's cut it short to
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a week. why? >> so bizarre. depends who you ask. i'm sure his camp would say he's doing better, but they're not answering our questions. we asked them about why he left, about this report that the locks on his office were changed so if he even tries to go back, he may not be able to get in. we asked them about the rehab. the chief of staff is throwing it out there he checked in a week early which is why he's leaving a week early. but this is not without criticism. they say he'll continue with his outpatient program, but like i said, even if he does decide to go back to work, right now it's unclear if he's going to even be able to get into his offices. lots of questions unanswered. >> lots of them. and lots of critics. senator barbara boxer is saying he should not longer be mayor. >> his friends are backing out on supporting him. he had two allies in the city council, nine members in the san diego city council, two women, his friends, they have turned their back on him. they're asking him to step down and resign. and a personal letter from a close friend of his, senator barbara boxer, long time senator
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from the state of california, issuing this personal and open letter saying i must say this directly to you, bob, you must resign because you have betrayed the trust of the women you vikdize, the san diegoans you represent and the people you have worked with throughout your decades in public life. he was a congressman for two decades before taking over as the mayor of san diego. he's only been the mayor for about a year. >> all right. and, again, no comment on why he's decided to end that voluntary behavioral therapy a bit early. >> i think it's worth pointing out, we've tried to talk to his camp. we tried to talk to his press aide, put in multiple calls to his attorney's office since about 6:00 a.m. this morning and they still won't get back to us and they won't answer our questions. when i got that press aide person on the phone, she wouldn't answer my questions. >> we'll keep pursuing. thanks so much. nick, bring us the latest when you have it. it's a type of car accident that hans all the time. an overlap crash, that's what it's called. we'll tell you which calls are
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leaving passengers most vulnerable to these kinds of collisions. rs are leaving passengers most vulnerable to these kinds of collisions.
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stocks fell this week ending a long streak of gains. >> hi, fredricka. it was a week of red arrows on wall street. the dow and s&p 500 edged further away from their record highs. with the dow breaking its six-week winning streak. the main reason, concerns about the future of the federal reserve stimulus. several regional fed presidents said this week that a pullback
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on the current $85 billion a month in bond purchases could begin as soon as next month. that's making wall street uneasy since it's been the main factor propping up the stock market this year. but it was a better week for the housing market. we learned home prices are rising across the nation. the national association of realtors says prices rose last quarter in 87% of u.s. cities. and the increases, they're huge. prices in sacramento up 39% in the past year. same for atlanta. there are 30% increases in florida and nevada. while these are place that is suffered the most from the housing bust, it's also helping that more people have jobs and fewer homes are for sale. meantime, yahoo! may have one of the most recognizable logos on the trnt, but the purple "y" is on its way out. yahoo! has announced it's changing its logo in a month. for the first time in it's 19-year history. it's a risky move for a company that's just started turning things around. other companies like tropicana, the gap, they've tried to change
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things up, but the new logos crashed and burned for them and in both cases the companies reverted back to the old ones. hopefully yahoo! has better luck. >> thank you so much. when it comes to safety, not all small cars are the same. our rene marsh looks at one type of crash test some models fail miserably. >> reporter: these small cars are big sellers on the market, but one highway safety group says the way manufacturers have built them leave drivers vulnerable to serious injuries when it comes to certain types of crashes. and that group crash tests a dozen of those small cars. here are the results. >> reporter: it's this type of crash that happens on u.s. roads thousands of times per year. watch closely. not quite a head-on, but what the insurance institute for highway safety calls overlap frontal crashes where part of the car's front end strikes an object.
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the group says some popular small cars on the road don't make the grade in overlap crashes. 12 small cars put to the test. the honda civic received the top grade. the head and chest of the test dummy was protected. the air bag released on time, and the structure of the car did not cave in on the driver's side. the kia forte performed the worst. >> the structure collapse. we have the restraints not doing a good job controlling the motion of the occupant. >> reporter: manufacturers have built cars to best absorb impact in the center. take a look. a more head onion impact on the left, and the overlap on the right. the damage much worse in the overlap. >> as manufacturers redesign their cars, they need to figure out ways to provide better protection for the people inside. >> reporter: along with the honda civic, the dodge dart, ford focus, hyundai elantra, and
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sciont c passed the test. the smef row lay sonic, volkswagen beetle, kia soul, and forte all performed poorly. well, if you have one of these vehicles, the group says don't worry too much. even though half of the cars performed poorly in this particular crash situation, they say it doesn't negate the overall safety of the vehicles. the automakers of the cars that performed poorly tell cnn their vehicles exceed federal requirements, but some, like nissan and vw say they plan to review the results of the crash tests. fred? >> all right. all good to know. thanks so much, rene marsh. a shocking image on facebook. police say this man posted a picture of his wife's dead body on his facebook page after killing her. his bizarre online trail next. the great outdoors...
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it's a facebook first and a grizzly one. a man admits to killing his wife in a facebook post and puts a picture of her dead body online. david matingly has this report and some of the images are disturbing. >> it could be the most disturbing facebook post ever. a lifeless body photographed moments after the woman was shot to death at her home and posted by a confession by her husband. he wrote i'm going to prison or death sentence for killing my wife. love you guys, miss you guys. take care, facebook people, you will see me in the news. then, the hold his family. >> he said that his wife picked up a knife on him, they had a big fight and he shot her. >> son came to your house -- >> all he said is i need to go to the police. >> but there's no mention of the facebook post in the police
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report. the picture of his wife's body was up on his page for five hours. with horrified facebook friends sharing. >> it's almost as if everybody was in the room when the murder actually occurred and were having conversations with this gentleman. this might be the first of its kind. i hate to say it, but i don't think it will be the last of its kind. >> facebook released a statement to cnn. the content was reported, then we took action, removing the content and disabling the profile and we reached out to law enforcement. police have not released a possible motive and he provided few clues in the digital trail he leaves behind. a photograph a few hours earlier shows the family at dinner. shows him happy, throwing kicks and punches and listening to a popular song. ♪ ain't no sunshine when she's gone ♪
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he also promotes a series of self-help books. >> emotionalwriter.com. >> on his website, he describes himself as a former professional athlete, coach, actor and ghost hunter. he writes about his experiences with ghosts, aliens and ufos and how your reactions can either save someone's life or kill an innocent person. court records show that medina and his wife divorced february last year, but remarried two and a half months later. one of his books seems to mirror his e appearance about a man named james. found peace and made peace. medina promises to teach the reader to make your marriage and relationship with others better by understanding the means of life. he remains in custody without bond facing a first degree murder charge. the daughter of his slain wife was in the house at the time her
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mother was killed. that 10-year-old girl was not harmed and is now in the custody of her biological father. and another legal story dominating headlines is the custody fight between usher and his ex-wife. our legal guys give us their take. richard, so much for an emergency hearing. the judge said it's not an emergency, why not. >> it's not an emergency because whoever was there that day, those circumstances probably would have been the same. they did whatever they could and they saved the boy's life. >> so, avery, the children remain in the custody of ush esh. prize to you or no? >> what happened is that usher testified, hey, daddy's home, and he wasn't, so how did he win the case yesterday afternoon? we've got the answers for you, more coming. >> also, we're going dig into details in the noon hour of this other case.
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the latest twist in the boston marathon bombing. new charges for two teens. and the rift with the church of scientology. we'll tell you the latest, next. "i'm part of an american success story," "that starts with one of the world's most advanced distribution systems," "and one of the most efficient trucking networks," "with safe, experienced drivers." "we work directly with manufacturers," "eliminating costly markups," "and buy directly from local farmers in every region of the country." "when you see our low prices, remember the wheels turning behind the scenes, delivering for millions of americans, everyday. "dedication: that's the real walmart"
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we didn't get into business to spend time managing receipts, that's why we have ink. we like being in business because we like being creative, we like interacting with people. so you have time to focus on the things you love. ink from chase. so you can. actress leah remny's rift. >> every since she left the church in july, speculation has swirled about why she left. her sister said in an interview last month and it started when she questioned the wife of her friend. and now, it appears she is taking steps to try and find her by filing a missing person's report. in response, the church is
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calling her latest action ill advised and a distraction for the lapd. the church of scientology lashing out that former king and queen's star -- after she cut ties with the church and reportedly filed a missing persons report for shelley, the wife of the head of the church. cnn tried to reach her for comment, but she didn't reply. she has reportedly not been seen in public for several years. remny's sister said last month in an interview that her sister's problems with scientology started when she asked david about his wife's where abouts, at the wedding of tom cruz and katie holmes. according to nicole, that question led to others and ultimately, to leah leaving scientology.
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>> if she's not anywhere weird -- you know what i mean? just forgive her. why is it so whacky? it's whacky because you won't answer the question. you won't produce her. because leah has been like give me her number, let me call her. >> then early friday morning, the commander with the lapd followed up with the report and shelley is fine. detectives had a face to face with her and say she is not being held against her will. the case is now closed. the church of scientology also released a statement friday morning saying in part the entire episode was nothing more than a publicity stunt for her. she has aligned herself with a handful of untrustworthy sources that have excessive harassed the church. so, where is shelley? in an earlier statement, the
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church said she is just fine and is still very active in the church. again, remini did not return cnn's calls and is reportedly going to write a tell-all book about her time in the church. >> thank you. police are looking for alleged kidnapper james dimaggioo in idaho. we have a live news conference coming up in the eastern hour from cascade, idaho, where we hope to learn the latest on that investigation. stay with us.
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a look at our top stories. new developments on the story of the two missing california children. the teenager has been spotted with her alleged kidnapper in idaho. and destructive floods in parts of the u.s. one person is dead after being washed away. also, president obama seeking to hundreds of disabled vets in orlando this hour. we'll have more on that and other stories straight ahead. let's begin now in idaho. more information on hannah anderson, who has been spotted with her alleged kidnapper in idaho. also, new information involving the second body found in the anderson family's burneded out house in california. it has been identified as that of hannah's brother, ethan. miguel marquez joining us from
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cascade, idaho, where a press conference is about to get underway hopefully on new developments in the search. >> exactly. we expect briefers to come up momentarily and tell us what they're planning for the day. we know they've just held a long briefing with all the investigators who are pouring in to this area. the level of intensity is incredible. they have been able to block off this area in order to monitor traffic going in and out and today, b this thing starts in earnest. they're going to get hundreds of agents in there. agents that could handle any situation. lethal or otherwise. the concern is that hannah may be a hostage. this is andrea bearden of the sheriff's office. >> along with me, special agent
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jason pack, fbi, so he is here to answer those specifics that you may have about the role that the federal agency is playing in this investigation and at this point, it is a large one. what happened overnight, we had crews come in from san diego, dozens of people from across the country that are with the federal agencies. these are teams that are trained to handle these kind of searches and investigations. they are now here in valley county and are working on getting in place and really right now, what is happening is the detectives from san diego, they are right now moving toward the vehicle and are going to process that nissan, the versa they found on friday morning. they're going to process that car for evidence. as we talked about last night, they are going to be, it's a meticulous process they will go through to make sure we do not miss any information and any evidence that may be inside or around that car. based on what they are able to
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find during the initial search of that vehicle, they will then plan what the next step is in the search. we talked about the area that we are searching. it is rugged terrain. wilderness country. this is back country, and so, the traditional search and rescue walking the grid pattern isn't going to work here, so we are really relying on any lead possible to make sure that we are moving in the right direction. we make sure we focus our efforts and attention in the right places. that's what we will do for the rest of the day. the teams will move into this wilderness area and begin to search for dimaggio and a anderson. the top priority is the safety of the teams on the ground. we're going to put every resource possible into this. safety is a huge priority for us and our goal is to bring hannah
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home safely. questions? we have about 150, more on their way. on their way here. and we expect most, a majority of those to be out in the field, you know, throughout the day and of course, we work in shifts to make sure those officers are safe and that we are you know, we're in contact with them and doing the right thing. >> because of the size of the area and the danger here, this is not just a search and rescue operation, this is something you guys assume to be dangerous and armed. how does that complicate things? how do you then pinpoint where you go in? >> of course, there is any case like this, we have teams that are highly trained. that's why they're here. they are the best of the best. and so, they will take every precaution they can to make sure that they are safe and also to protect anyone else that may be in this area. and so, they're going to take all of those things into account. they're also having to manage the terrain.
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that is, you know, that's what they have to do. >> how are they getting around? horse back, atv? >> we're using horse back, air support to get them into the area. they're on foot. or on horse back. >> and when you guys said there were no explosives in the car last night, was that a visual check or did you have to go through it more to figure out if there was something in the trunk, under the hood? >> we have an explosives team we talked about last night from the police department that came in. those are experts in handling explosive devices. they did go through the car. during the initial search, did not find any explosives. >> do you have any method of communication do you know? >> i can't speak to any method of communication they may have. >> you referred to her as hannah yesterday. any new evidence come to light, an issue -- >> no, we do not have any new information. we have not had any other
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reported sightings of this pair. of course, anyone with information, anyone who sees anyone matching the description, we want to know about that. call the tip line. we want any information you have out there. they think they saw the car or the pair, we are very hopeful we find these two and we hope they are right where we are looking and we can bring hannah home safely. yesterday, we had heavy smoke. the ash was in the air, much clearer. we have seen a shift in the weather, so that's helping. certainly helping with visibility and that helps with the air crews. >> were you able to get infrared helicopters up last night? >> not going to speak to any specific investigative tools. we're going to use every resource we can in this search. >> how are you -- crossed through the search area and how are you keeping tabs on all of
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the potential -- highway 21 and the river? >> we have people that are stationed in any of the possible areas in and out of this area. but now remember, there are many trails. you asked how many trail rs in this area. that is what this area is designed for. this is a wilderness areas th t protected. multiple trail, multiple back country areas that you can access. the river and also access lakes in that area, so we are monitoring that as much as possible to make sure that we have a good idea of who is coming in and out of that area. >> do you have a sense now, are there logging cabins, hunting cabins. mining cabins, clearly, there's water that they can survive off, but are there structures where they can take shelter? >> there are cabins and of course, that would be part of our search. >> missing camping gear, vehicles? >> at this point, we have not
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had any reports of missing vehicles or missing gear or anything abnormal. but remember, this area does not, it is a remote area and so, communication, cell phone coverage is not something that people have there, so at this point, we do not have any reports of that, but of course, that can change as people come out of the back country and go back to their vehicle or back to those areas. again, anything that seems unusual to anyone, please call that tip line. we want to know about it. >> about 300 square miles or so -- >> that is the area we're looking at. same area. haven't changed the search. >> need a voter's permit -- >> we don't know exactly how many other than just the surveying we've done and our crewing have done on the ground. >> how much did it reveal? >> there are dozens of people that are there now. camping or on the river
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floating, things like that. >> been through the -- officers. >> at this point, nothing that we have learned from the people begin, no reported sightings of anyone matching the descriptions. don't have any new information. >> have you seen any sign -- tracking -- >> i'm not going to speak to any specifics that we've been able to uncover only to say that we haven't had any reported sightings of them. >> we have right now, about 150 people on the ground. we expect that number to be at about 200 because we have more teams coming in. they're coming from all over the country and we will work them into the search area and make sure that we allow for them to come out when they need to and have the rest they need and you know, if this is the process that is planned, it is a process that we are coordinating. all of these agencies, it is an extensive area the search. also, these are highly trained
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teams with a lot of equipment and a lot of resources and so, all of that is being managed and coordinated. partnerships you know, with multiple agencies and so, but, it's awesome to see these come together and like i said, to have these resources. what? they vary. but they are operating in teams. >> federal agencies or -- >> we have county agencies here. right now, all of the state agencies are from idaho. >> is there any possibility of getting the -- motorized lifted for search of this nature? >> i have not heard any talk of lifting any of those. >> and how many helicopters, how many airplanes, are there any drones in use? >> i do not have this specifics on the types of resources used or how many. i just know that we have air support.
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>> but helicopters will be flying for surveillance today. >> i don't know that, i haven't heard that, but i can keep you updated on the types of searches we're doing as i'm able to. we will have another briefing for you at b about 1:00 this afternoon. certainly we'll give you any updates we have at that point and if anything changes before that, we will let you know. thank you very much. >> okay, so this is getting going there. fred. 150 searchers at the moment. 200 by day's end. this is a massive, massive effort by them. i know they have several hospit helicopters on scene. >> and miguel, very significant
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here. you have the sheriff saying this is a large investigation. you mentioned the personnel involved and we're talking about a very rug ed terrain, even though she says this is a place where there are trails, cabins, that's going to be part of the search. folks will be searching on horse back and on foot, but i don't think i heard her say anything about the radius of their search or how large is this area they hope to try to canvas? >> well, it's about 312 square miles, the area they could be. it was friday morning that they found the car, so you're talking 36 hours later. this morning, we're talking about 48 hours later after that initial sighting. they went from where the car was ditched to where that person on horseback saw him, that was six miles, straight line.
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that was over 24 hours perhaps, maybe a little longer, so they could have gone another six, eight, ten miles since that person on horseback saw them. it is a giant area they have to seal off and that's what they've tried to do with people around the borders of this giant wilderness area. >> very large undertaking. thank you so much. miguel mentioning the vehicle that was located, the vehicle in which the suspected kidnaps used. they did do a search event, no explosives, but you heard the sheriff say they're going to do a more intensetive search to see if they can find more forensic information that will lead them into a direction to find the 16-year-old girl and kidnapping suspect. also happening right now, the president's speaking to hurricahundreds of disabled veterans in orlando. the president expected to talk about more medical services,
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especially for those suffering from head injuries and ptsd. let's listen in right now. i thi >> i think of the wounded warrior who spoke for so many of you when he said your life will never be the same, but that doesn't mean that you can't go on to do amazing things with the second chance you are given. i think of wounded warriors across america and how they've used that second chance. volunteering in communities. building homes. being a mentor to the local kids. showing up after tornados. after hurricane sandy to help folks rebuild. i think of the wounded warriors who reached out to the survivors of the boston marathon bombing with their own recovery and with a simple message. we stand with you. i think of all the inspiring wounded warriors that michelle
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and i have met. their resilience, their resolve, their determination to push through and to carry on. that's the fighting spirit of our wounded warriors. that's the spirit of dav. dedicated. not just to your own recovery, but to taking care of each other. every day, you work to ensure that america is fulfilling its promises to our men and women who have served. that's your mission. i want you to know it is my mission, too. i believe that this work is more important than ever. because this time of war that we have been in is coming to an end.
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>> president obama in orlando speaking to disabled vets. from there, to martha's vineyard for a family vacation. also straight ahead, usher gets to keep custody of his kids. our legal guys will be along to give us an idea of why and how the singer won this round. so... [ gasps ] these are sandra's "homemade"
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leaving your kids with a third party care giver, usher's wife says her son almost died because her ex-husband wasn't around enough. she wanted emergency custody of the boy and her brother. our legal guys weigh in. the result of a dna test has forced the fbi to reopen a case from 1964. now, one nevada man doesn't know his name, even his age. we'll explain. but first, today, a cnn hero is helping homeless mothers to be, helping pregnant women get housing. >> my daughter, my main priority was to get out, then i got pregnant again and i was like, what am i doing, i need to change. >> met a woman who wanted to
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hurt her unborn baby, but i've met a lot of women that did not know how to do the right thing. the common dominator is poverty and poverty is an accident of birth. pregnancy is a wonderful window of opportunity. a mother can turn her life around. my name is is martha ryan and i help expectant mother, many who are homeless, break the cycle of poverty for good. you have to do the work yourself. i learned early on that prenatal care was not enough. we will help you with housing as possible. these women needed help with complex issues and now, we serve the entire family. >> thank you so much. >> you're so welcome. given opportunities. nothing stops them. >> getting over my addiction wasn't the hardest part. >> i love you. >> getting my kids stable.
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finding my confidence. >> smaller circles. i work here now. i am so happy to be able to relay the things i've learned to moms. this program gave me the tools and i found myself. >> we are investing in people. believe in yourself and just take one day at a time. their able thety to change their lives. now, that is inspiring. >> she is, indeed inspiring. we need your help to find great stories like this one. go to cnnheroes to nominate someone making a difference and deserves to be recognized. [ nurse ] i'm a hospice nurse. britta olsen is my patient. i spend long hours with her checking her heart rate, administering her medication, and just making her comfortable.
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one night britta told me about a tradition in denmark, "when a person dies," she said, "someone must open the window so the soul can depart." i smiled and squeezed her hand. "not tonight, britta. not tonight." [ female announcer ] to nurses everywhere, thank you, from johnson & johnson.
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a judge denied a motion from the r and b star's -- petitioned the court after one of their two sons nearly drowned in usher's swim i swimming pool. more on the drama than unfolded in court. turned into two hours of drama and emotion. an unexpected embrace between usher and his ex-wife moments after a judge ruled in the singer's favor. the hearing played out in a packed courtroom friday first on the stand was tameka foster raymond, who was hoping to get temporary custody of her 4 and 5-year-old sons after one of them nearly drowned in a pool
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earlier in the week. her testimony was emotional. >> i don't know if my son is going to have a brain defect. i don't know that his heart is operating correctly. i don't know that my son is going to be 100% the boy he was before this incident. >> she kept her head down as they played the 911 call in court. >> is he breathing? is he breathing? he's breathing. >> okay. >> and at one point, she became so upset, the judge intervened. >> never left the hospital, ever. >> this is very difficult for you -- >> this is ridiculous. this is ridiculous. >> step down. >> thank you. >> a sharp contrast from usher, who appeared calm, even as he talked about trying to calm his son the day after the accident. >> my son was hysterical and in the back of an ambulance, very
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irate and did my best to calm him down and helped him understand what had taken place. >> the woman caring for the boys monday also took the stand. the judge found her to be a comp tant ca tent care giver despite temperature saying she thought she could not hanel the boys. the judge found her to be a competent care giver and said it was an awful accident. the 5-year-old according to usher's testimony is doing much better and should be going home very soon. >> thanks so much. let's bring in our legal guys. good to see you. good to see you as well. avery, you first. what factors does a judge consider in a case like this? >> the league standard is best interest of the child and what the judge had to consider was simply this.
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number one, ta mika alleged that usher is gone most of the time and that an aunt or disability was not registered. there was no safety fence around the pool and the cpr was administered by a guy working there. that's powerful evidence coupled with the fact that most mothers don't lose primary care of the child. the judge said this was an emergency hearing and despite the factors, he awarded custody or maintained custody with usher, so that's an interesting ruling. >> so, what was missing then in her claim of this emergency that it was not in the best interest of the children that they be removed from the care. >> the problem is this. this was a two-year marriage that produced two children. last year, they had a vicious
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custody battle and the overwhelming majority of cases, physical custody is granted to the wife. that's just how it is. here, we see usher has physical custody. that sends off bells and whistles and alarms and tells you there's something wrong with tamekai and there was a finding she was emotionally unstable. therefore, it makes usher the custodial parent even after the hearing where the judge said look, it could have happened to anybody and they did everything they could and they in fact saved the child's life, but the judge said despite that, no matter how much he's away at work, how much he travel, still, it's in the best interest of the children. they reside with him. >> that's right. >> that's pretty powerful and says a lot. >> avery, in general, there is that argument that has been made in several other cases where a
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parent allegations that the parent who has custody works too much, isn't there enough, but does that mean that involving a third party to care for your child jeopardizes custody for that parent who ultimately or at first had custody of a child? >> well, depends on the quality of the care. often what a court has to do in a custody battle is look at the question of whether or not the care giving the competent or negligent. when she went into court, she argued that it was negligent and i think the analysis was exactly right here. that when she took the stand, what we saw was someone who was very emotional, out of control. frankly, i don't know how a parent doesn't become emotional in something like that. but i think the judge ultimately had to do the right thing and say usher appears to be calm. seems to have a structure to care for the child and that's what the judge did.
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by the way, the case is not over. >> is this done, finished or might there be more? is this just one round? >> it's over, fred. they can take all the appeals they want with this. she can come back to court and make another emergency petition. what was kind of disgusting to me was to see a family court proceeding like this aired on television or have video of it. >> isn't that unusual? most family proceedings are not televised. >> the perez. >> just because there's a celebrity involved here. >> not in family court, yeah, because of a celebrity. >> very unusual. >> i think at the end of the day, it was the right thing. the public should know what's going on. >> okay. >> swimming pool accidents is probably the number one cause of death of children. >> sadly, too common. >> put the safety fence up. >> yep, indeed. can be a savior.
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thanks so much. but of course, we're going to see you again in about 15 or 20 minutes. we're going the talk about the accused ft. hood shooter in conducting his own defense and what that means for his lawyers who want off the case. and we're here in rochester, new york, at the pga championship. coming up, i'm going to tell you about new trouble for tiger woods and phil mickelson.
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bottom of the hour now. welcome back. three things crossing the cnn news desk right now. first up, the man hunt for a teenager hannah anderson and her alleged kidnapper is intensifying. officials in cascade, ohio said dozens of federal agents are looking for them in that area. the tough terrain is making the search difficult and officials are asking the public for any help they may have. two, bob filner has left his in patient counseling sessions. more than a week earlier than he claimed he would stay. filner is facing a long list of sexual harassment allegations and calls for his resignation. according to his lawyer, he will continue counseling as an out patient. now to the flooding that's hitting 21 states this week. this is nashville where people
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waited on rooftops to be rescued from that rising water. this riveting video capturing cars flowing downstream in colorado. several people have been killed in the flooding across the country. so, with friday's wet weather at the pga championship in rochester, new york, the golf course was there for the taking and in the second round, jason dufner took it. dufner made golf history, tieing a major record with his round of 63 to take the tournament lead. rachel, jason dufner, get used to that name. he was the story yesterday. tiger woods, always a name that people want to look foron the leaderboard. how's he doing? >> yeah, not so good. tiger came into this major saying all right, finally, this is going to be the one because he played so well last week at a smaller tournament in ohio.
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really came into this tournament playing like gang busters. he's played better this season than any other golfer on tour. has not worked out this way at this event. already today, he's nearly halfway around the course. he's 2 over just for the day. he is out of contention here and it is extremely troubling for him considering how much work he is putting into his game. even last night after a difficult round, he was back out on the driving range trying to solve these problems. not putting well. not playing his irons as well as he wants to and now, people are wondering if there is a mental pressure element of this because at a big event he's not playing as well. >> how about phil mickelson? he's fresh off that british open win, but how is he doing now? >> he's not doing much better than tiger. in fact, he is doing worse. he is 4 over for the day.
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that's almost hard to do at this point with the greens as soft and sticky as they are here. he is 6 over for the tournament. there is only three golfers left here doing worse that phil mickelson, which is remarkable considering what an amazing charnl he made at the last major when he came from behind the take the whole thing. in theory, he could still turn things around, but it's hard to see with the way that he's been playing. perhaps he just had such a good time in england. >> hopefully, he's still on that open high. but things could change, anything can happen in the next day and a half. thanks so much. good to see you. straight ahead, a real life story with more twists than any fictional thriller. it's about a 49-year-old kidnapping case that investig e investigators thought they had solved under new evidence surfaced. plays a key role throughout our lives. one a day men's 50+ is a complete multivitamin
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designed for men's health concerns as we age. it has 7 antioxidants to support cell health. one a day men's 50+. britta olsen is my patient. i spend long hours with her checking her heart rate, administering her medication, and just making her comfortable. one night britta told me about a tradition in denmark, "when a person dies," she said, "someone must open the window so the soul can depart." i smiled and squeezed her hand.
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"not tonight, britta. not tonight." [ female announcer ] to nurses everywhere, thank you, from johnson & johnson.
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it's a mystery once believed solved. now, the fbi is revisiting a half century old case. the case involved a baby's kidnapping and then a middle-aged man's self-doubts. here's ted rollins. >> he was never told by his parents about his best until when he was a child, he came across a box full of newspaper clippings and at the time, his parents said don't worry b about it, you are who you are. he says though for his entire lifetime, it nagged at him and a few months ago, he got a dna test and found out he isn't who he thought he was. >> he is determined to find out who he really is. his story goes back to april
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1964 in michael reece hospital in chicago. chester and dora were celebrating the birth of their baby boy, when a woman posing as a nurse kidnapped the 1 day old newborn. it was front page news. as police searched, the heartbroken parents could do nothing but wait, then just over a year later, this little boy was found abandoned in newark, new jersey. investigators thought he might be baby paul because his ears were similar, but with dna testing unavailable, they couldn't just hand him over. they were sure it was baby paul, so they adopted him. >> and they're grate parents. >> the boy in this video grew up as paul who lived a great life, but decades later living in las vegas with a family of his own, paul decided to take a dna test because he always had questions. and. >> and i started thinking,
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honestly, what are the chances that out of the kidnapped baby from chicago, that i am their kid thaped child found in new jersey two years later. >> the results found that paul wasn't the baby stolen from the hospital. he now wants to find out his true identity and now, nearly 50 years later, because of paul's dna test, the fbi has reopened the case in an effort to possibly find the real paul, little baby stolen in 1964. >> i just, i mean i just think it would be really cool if we found the real kidnapped baby. >> so, there are two mysteries here. who is paul fronzac hooerks trying to find out his own identity. he's working with ancestry.com and they have apparently located a third cousin who he plans to connect with. the other mystery is where is baby paul. they did find the old case file
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and are going through it and interviewing people, hopefully trying to solve the mystery. attorneys for the ft. hood shooter are fighting to get off the case even though a judge has ordered them to stay. our legal guys are weighing in. you really couldn't have come at a better time. these chevys are moving fast. i'll take that malibu. yeah excuse me, the equinox in atlantis blue is mine! i was here first, it's mine. i called about that one, it's mine. mine! mine. it's mine. it's mine. mine. mine. mine. mine. it's mine! no it's not, it's mine! better get going, it's chevy model year-end event. [ male announcer ] the chevy model year-end event. the 13s are going fast, time to get yours. right now, get this great lease on a 2013 chevy cruse ls for around $149 a month.
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even though a judge has
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ordered them to stay on the case, three stand by attorneys for major nidal hasan say they are pursuing efforts to get off the case. they say the client is using a defense strategy designed to result in a death sentence acting as his own defense attorney, hasan has asked almost no questions of the government's witnesses. our legal guys are back. so, richard, you first. the judge says major hasan's legal team has to stay on the case, so when a lawyer disagrees with the client, who makes that final decision? is it indeed the judge? just like we're seeing here? >> it is the judge here. listen, he stood up in his opening and said i killed everybody. now, he's not cross examining any witnesses. he wants to death penalty. he would have pled guilty to it if they would have let him so, they didn't let him, he had to go to trial and these attorneys who were initially his appointed
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attorneys were taken away from that role because he has a right to represent himself. the defendant's right to represent himself and his right to have counsel. here, he says i want to be my attorney. you can have all the shadow counsel you want, i don't need them. i'm going to handle this. because in the end, he did this, this was out of a jihad and he wants to mar tir himself and he wants to die. he wants the death penalty. >> what is the legal argument these lawyers make they want to be removed, recused from this case, even though they have been appointed and even though he is really representing himself. so, what do they say? how do they argue we just don't want it on our record? there's likely to be a verdict here and he is likely to get the death sentence? >> well, that's why this case is so stunningly unnerving. you've got 13 murdered
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americans. 32 other charges of attempted murder. if there were a death penalty case that were warranted, this is it. the issue isn't that. the issue is as lawyer, we have an ethical and moral responsibility to advance the best possible defense in a criminal case. and what has happened here and the reason the lawyers are appealing to the judge here is that we can't meet our ethical and moral duty, you must excuse us. now, after the judge ruled, they took an emergency appeal to the army court of criminal appeals saying we are not even allowed under our ethics code to stay in this case, but what the judge is trying to do is find the balance. frankly, i think she fell into the trap of nidal hasan and i think the court of appeals may say hold this up until we resolve the question of the ethical duty of the lawyers.
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>> richard, do you agree? >> i do. this case is going to finish. it's not going to stopped. she stopped it last week to have that emergency ruling. this suggest to any other appeals, which i don't believe is going to be fruitful, this case will go. he will be convicted and get the death penalty. >> whether these attorneys or not. whether they like it or not. let's turn to another case. this involving the boston marathon bombing and now, a federal grand jury has charged two friends of the boston marathon suspect. with obstructing justice and conspiracy to obstruct justice in this case. the two are both from kazakhstan. they were charged in may on just the conspiracy count. the indictment accuses the two of taking items from his dorm room to keep them from investigators. now, the attorney for one of the pair is describing his client as
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scared, distressed, just a 19-year-old boy. the attorney adding quote, i personally feel this is a witch hunt. what are we talking about here? obstruction of jus sis is clear. you start hiding evidence and you're likely to find yourself in a heap of trouble, avery. >> yeah, well, both these individuals are facing 20 years and $250,000 fines. when everyone heard this story initially, we thought it's a couple of goof ball college student, but you know what, one's inclination when you saw the consequence of what happened on april 15th, this is three days later. these guys took the backpack, has vas lean to make bombs. had a thumb device for computers. i mean, for goodness sakes. one's natural instint would be call law enforcement. the fbi took this pain staking agonizing effort to go through garbage dumps. i think these charges are going
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to stick and i think these guys are in a world of trouble. >> and so, richard, they're pleading they had no idea what they were doing was so serious, but ignorance is never above the law, right? >> not above the law, but the thing here, fred, we have to focus on the fact there were three young men, but only two of them had been charged like this. why wasn't the other one charged? guess who the star prosecution witness is? there you go. and he's going to lay this case out. give it to them in spades and they'll be convicted if they don't take a plea deal, but they're not going to get 20 years in prison. it's going to be much less than that. >> they'll be deported and that will be it. >> all right. thanks so much, always good to see you guys. all right, hopefully see you next weekend. no glitch, maybe. legal guys are here every saturday to give us their take on the most intriguing cases of
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the day, the week, month. next hour, a strong, smart athletic teenager gone in a second. how did jonathan who had so much ahead of him die of a heroin overdose? it's a growing problem every parent needs to know about. his mother is joining us next hour. you deserve more than justo flexibility and convenience. so here are a few reasons to choose university of phoenix. our average class size is only 14 students. our financial tools help you make smart choices about how to pay for school. our faculty have, on average, over 16 years of field experience. we'll help you build a personal career plan. we build programs based on what employers are looking for. our football team is always undefeated. and leading companies are interested in our graduates. we'll even help you decorate your new office. ok. let's get to work.
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